Harbhajan vs The State Of Madhya Pradesh
2024 Latest Caselaw 12736 MP

Madhya Pradesh High Court

Harbhajan vs The State Of Madhya Pradesh on 6 May, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                      1
                 IN THE HIGH COURT OF MADHYA PRADESH
                              AT GWALIOR
                               CRA No. 1852 of 2021
                  (HARBHAJAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 06-05-2024
       Shri Anand Kumar Gupta, learned counsel for the appellants.

       Shri Rajesh Shukla, learned Additional Advocate General for the
respondent/State.

Heard on I.A. No. 7383/2024 which is fourth application filed on behalf of appellant No.1 Harbhajan filed under Section 389 of Cr.P.C. for suspension

of custodial sentence mainly on the ground of old age and illness.

The present appellant stands convicted for the offence punishable under Section 302/149 of IPC and sentenced to undergo Life Imprisonment with fine of Rs. 1,000/- and under section 148 of the IPC to undergo RI for 1 year with fine of Rs.500/-, with corresponding default stipulations vide impugned judgment 18.02.2021 passed by Additional Sessions Judge, Chachoda, District Guna in S.T. No.4/2014.

As per report, the appellant is aged about 70 years and suffering from old-age diseases. So far as overt act of the present appellant in this crime is

concerned, he is stated to have caused injuries by means of pelting stone and Luhangi on lower part of the body of deceased. As per medical report, the fatal injury is on head of deceased which is said to have been caused by appellant no.5 Lekhraj. Rest of the injuries are simple in nature. The appellant was on bail during trial. On such premise, learned counsel for the appellant prays for suspension of custodial sentence.

Learned Additional Advocate General opposes the prayer and prays for its rejection.

Heard both sides.

Considering the facts and circumstances of the case, I.A. No. 7383/2024 is allowed. The execution of jail sentence of appellant No.1 Harbhajan is hereby suspended and it is ordered that he be released on bail subject to depositing fine amount, if already not deposited, and on furnishing a personal bond of sum of Rs.1,00,000/-(Rupees One Lac only) with separate solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial court on 10.9.2024 and also on such other dates, as may be fixed in this regard during the pendency of this appeal.

Certified copy as per rules.

    (VIVEK RUSIA)                                 (RAJENDRA KUMAR VANI)
        JUDGE                                             JUDGE

(and)